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Securityism in Opposition to Privacy Protection in the Stage of Crime Detection; A Comparative Study of Iranian and American Laws

Document Type : Academicm and Research

Authors

1 PhD Candidate in Criminal Law and Criminology, Farabi College, University of Tehran.

2 Associate Professor, Department of Criminal Law and Criminology, Farabi schools, University of Tehran.

3 Assistant Professor, Department of Criminal Law and Criminology, Faculty of Law, University of Qom.

Abstract

Securitism, as an intellectual point of view, makes it possible to maintain the order and security of the society through the strict control of the ruling powers and extensive intervention in the scope of individual freedoms and privacy of people, and does not attend to endogenous security and relying on the civil society. The result of securityism in the criminal justice system, especially in the crime detection stage, is the granting of wide powers to officers and investigation authorities, in such a way that maintaining security is preferred over individual freedoms and privacy. Recruiting a descriptive-analytical design and analyzing the laws and regulations and the judicial procedures of Iran and the United States in relation to the challenges of security and privacy of individuals in the stage of crime detection, it was revealed that the criminal justice system of Iran is transitioning from the traditional security-oriented system to the citizen-oriented justice system. This transition period can be clearly seen in the Criminal Procedure Law approved in 2014. On the other hand, despite the long history of the United States in protecting privacy, with the events of September 11, 2001, relying on laws such as the Patriot Act and under the pretext of ensuring the security of society, the police and the judicial system of the country considerably violated citizens' privacy; to the extent that this approach has caught the American criminal justice system in the vortex of a kind of new securityism.

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References
Agha Babaei, H. (2010). Liberalism, Privacy and the Patriot Act, Journal of Law and Political Sciences, 40(2).
Alipour, H. (2009). National Security and the Rights of the Accused; A Comparative Study of Procedural Rules for Terrorist Acts, Strategic Studies, No. 43
Amadeh, M. (2013). Protection of Privacy, 1st ed, Tehran: Adl Publications
Bojunordi, S M H. (1998). Rules of Jurisprudence, First volume; Researchers: Mohammad Hossein Daraiti and Mehdi Eslami, al-Hadi publication
Dehghani, A. (2011). The Security Approach of the Criminal Justice System; its Foundations, Effects and How to Adjust it with an Emphasis on Iran's Rights, Qom: Farabi Campus University of Tehran.
Fahim Danesh, A. (2004), The State of Human Rights in the United States of America after 9/1", Regional Studies, No. 20 & 21.
Ghazi Shariat Panahi, A. (2006). Essentials of Fundamental Rights, 4th ed, Tehran: Mizan Publishing House.
Gheble Khoi, Kh. (2008). The Science of Principles in Law and Jurisprudence, First Ed, Tehran: Samit Publications.
Haji Dehabadi, M A. & Khatami, S. (2018), Iran's Criminal Policy Regarding the Crime of Financing Terrorism In The Light Of International Requirements, Quarterly Journal Of Comparative Islamic And Western Law, Year 5, No 3.
Jafari Langroudi, M J. (1974). Legal Schools in Islamic Law, Tehran, Ibn Sina Publishing.
Khaleghi, A. (2015). Code of Criminal Procedure, 27th Chapter, Tehran: Shahr-e Danesh Institute of Legal Studies.
Khomeini, R. (1990). Tahrīr al-Wasīlah, Volume 1, Beirut, Darala Salamiyah Publications.
Kushki, Gh. & Sohail Moghadam, S. (2016). A Comparative Study of the Rights of the Person under Investigation in the Criminal Justice Systems of Iran and the United States, Journal of Judicial Law, 80(94).
Mehra, N. & Mahmoudian, K. (2017). Human Rights Requirements of Crime Detection in Iran's Legal System, Iranian Journal of Public Law Studies, 47(2).
Mohseni, F. (2012). Criminal Developments in American Patriotism Law, Jurisprudencial Perspectives Quarterly, No. 60.
Nedai, R. (2013). The Requirements of Inspection in Criminal Procedure, MA Thesis in Criminal Justice and Criminology, Ferdowsi University of Mashhad.
Poursaeid, F. (2008). Human Security in the Constitution of the Islamic Republic of Iran, Strategic Studies Quarterly, No. 2.
Raisi, L. & Ghasemzadeh Liali, F. (2020). Challenges of Iran's Legal System in Violation of Personal Data and Privacy in Cyber Space", Journal of Judicial Law, No. 110.
Ranjbar, M. (2006). The Concept of Security in the Thought of the Middle Ages, Strategic Studies Quarterly, 9(1).
Shokri, A. & Ghasemi, M. (2016). Responding to Evident Crimes in Iran's Criminal Policy with a Look at English Law", Criminal Science Research Quarterly, No. 18.
Taghipour, A R. (2016). Respecting the Privacy of the Home, Correspondence and Conversations in the Procedure of the European Court; A Story about Human Rights with a Look at the Iranian Criminal Procedure Law", Ethology Quarterly, 6(21).
Tabatabaei, M H. (1990). Al-Mīzān, Volume 18, Beirut: Dar Elahiya.
Tvajohi, A A. & Berenji Ardestani, M. (2012). An Investigation into the Position of Security in the Criminal Policy of Iran and United States, Criminal Law Research Quarterly, 1(2).
 
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Comparative Studies on Islamic and Western Law
Volume 10, Issue 1 - Serial Number 35
March 2023
Pages 51-74
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